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CC - Staff Report TM Creek – MDA H-2016-0067 1 STAFF REPORT HEARING DATE: June 28, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: TM Creek – MDA H-2016-0067 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, SCS Brighton, LLC, requests a modification to the existing development agreement (MDA) (Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying for building permits. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0067 as presented in the staff report for the hearing date of June 28, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0067 as presented during the hearing on June 28, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0054 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the northwest ¼ of Section 14, Township 3N., Range 1W. B. Owner: SCS Brighton, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 C. Applicant: Same as Owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 TM Creek – MDA H-2016-0067 2 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 6 and 20, 2016 C. Radius notices mailed to properties within 300 feet on: June 2, 2016 D. Applicant posted notice on site by: June 13, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped land that has been conceptually approved for a mix of commercial uses. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Franklin Road and rural residential/agricultural land, zoned RUT in Ada County West: S. Ten Mile Road and agricultural land, zoned RUT in Ada County South: Agricultural land, zoned C-G East: Agricultural land, zoned RUT in Ada County (R-40 zoning has been approved but has not yet been finalized) C. History of Previous Actions:  The annexation and zoning (AZ-13-015) and preliminary plat (PP-13-030) for TM Creek Subdivision were approved by City Council on April 1, 2014.  The first phase final plat (FP-14-039) was approved by City Council on November 5, 2014.  A 2-year time extension to obtain the City Engineer’s signature on the first phase final plat was approved by the Director on April 18, 2016 which extended the time in which the applicant could obtain signature to April 1, 2018. VII. ANALYSIS The applicant requests a modification to the existing development agreement (MDA) (Instrument #114045759) for TM Creek to remove the requirement for the final plat to be recorded prior to applying for building permits. Preliminary plat condition of approval #2.2.9 in the Findings, attached to the Development Agreement (DA) as Exhibit B, requires the final plat for this subdivision to be recorded prior to applying for building permits. The applicant would like to obtain one (1) building permit within the area proposed to be platted in Phase 2 prior to any final plats being recorded. This will facilitate an existing business in Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to the plat being recorded as currently required. Because more than one building is allowed to be constructed on commercially zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case, a preliminary plat condition of approval was included that required subdivision of the property prior to applying for building permits. TM Creek – MDA H-2016-0067 3 Staff supports the applicant’s request to obtain one (1) building permit as requested per the modification to the DA in Exhibit A.2. Approval of a Certificate of Zoning Compliance and Design Review application will be required for each building/site prior to application for building permits. Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit A.2. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Change to the Development Agreement TM Creek – MDA H-2016-0067 4 Exhibit A.1: Vicinity/Zoning Map !( XY ""d ÚÚd ÚÚd R-40 L-O R1 M1 R1 C-G R-15 L-O C2 TN-R R-4 R1 R1 M-E R-8 R-40 L-O L-O R1 R1 M-E R-40 R1 L-O R-15 C-N RUT R-8 R1 R-15 R-8 C-G TN-R C-C R1 R1 C-C L-O I-L RUT RUT R-8 I-L RUT RUT C2 R1 L-O R1 R1 R1 C-G C-C C-C R-15 R-8 R-8 L-O R-2 C-N RUT R-40 L-O L-O L-O R-8 R-2 L-O C-N R-2 I-L RUT R-15 R-8 R-15 R-15 R1 I-LRUT RUT C-C TN-C C-G R-8 RUT R-4 C-G RUT C-C R-40 RR R-4 R1 R-8 TN-C R-15 H-E R-8 TN-R TN-C C-C RUT R1 RUT RUTR-8 R-15 RUT S L i n d e r R d W Franklin Rd N B l a c k C a t R d W Pine Ave N T e n M i l e R d S B l a c k C a t R d W Overland RdW Overland Rd S T e n M i l e R d N L i n d e r R d §¨¦84 W Pine Ave W Newland St W Dutch Farm Rd WPineAve W Bayeu x D r W Criterion St W Verbena Dr W G r e e n h e a d S t S W 7 t h A v e W Snyder St NW 8 t h S t WPineLn W Pintail Dr W Verbena Dr W Waltman Ln W Eider Dr WWaltmanDr W Greenhead Dr W L o o n S t S L i l a c S t W Meadowpine St S S p o o n b i l l A v e W Quarterhorse Ln WIdahoAve W Jayton Dr W Newland St W Brown Tr o u t Dr W S l a t o n D rW Jayton Dr W Gander Dr W Ki m r a S t N R o t a n A v e W Jacksnipe Dr W Broadway Ave W Idaho Ave W C o r porate Dr NW 7 t h S t W Snyder Dr W Silver Terrace Rd N T a l l P i n e P l S H e i d i Pl WPinta i l D r N F r i t t s Ln W Waltman St W Joshua Ln W C a l c i t e C t S W 5 t h A v e N U m b r i a H i l l s A v e WJacksnipeDr WMarbeth C t W P erugia St W BarrettSt W Tr e v a D r W Silve rSalmonD r S T e c h L n WBroadway A v e W Marcon Ln N K e a g a n W ay N Tid w ell W a y S C a n v a s b ack W a y N W a r d A v e NW 1 0 t h S t S L a r k s p u r S t W Merganze r D r W Taylor Ave W W a l t m a n D r N Z i m m e r m a n L n NW 1 3 t h P l W HonkerDr W E g r e t D r W Tasa Dr W ViewPl W V a q u eroLn N K a y d e n W a y W DavisLn S B r o o k T r o u t W a y N C l a r a A v e W PennwoodSt S P e l i c a n W a y N M a n s h i p A v e N M in e ral W ells A v e N S c o t n e y Av e S R e d h e a d Av e S M u s c o v y A v e S M o o n s t o n e W a y N S t u c k e r Av e N W 1 5 t h S t W Crest Wood Dr S L o d e s t o n e A v e N P u m a A v e S Nova L n SW 8t h A v e S C a l i s t o g a A v e S B l u e Ma r l i n L n S O ld Thorn Ln NBro w nfield W a y S O u t f i e l d W a y TM Creek – MDA H-2016-0067 5 Exhibit A.2: Proposed Changes to the Development Agreement Page 2 of the Development Agreement: 1.7 WHEREAS, City Council, the 1st day of April, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), which have been incorporated into this Agreement and attached as Exhibit “B”; and Condition #2.2.9 of the Findings attached to the Development Agreement as Exhibit B: Street signs are to be in place, sanity sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat(s) for this subdivision shall be recorded, prior to applying for building permits., provided however, that one building permit is allowed prior to recordation of a final plat for the phase in which it is located as approved with H-2016-0067.